Motilal Oswal Home Finance Limited Thr. Its Authorised Officers v. The State Of Maharashtra District Magistrate Pune And ORS

Ingale 20-wp-10110-25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION by URMILA PRAMOD INGALE Date:

2025.07.29 11:24:27 +0530 URMILA PRAMOD INGALE WRIT PETITION NO. 10110 OF 2025 WITH WRIT PETITION NO. 10111 OF 2025 WITH WRIT PETITION NO. 10112 OF 2025 Motilal Oswal Home Finance Limited ... Petitioner

Versus

The State of Maharashtra and ors.

.... Respondents **** Mr. Navin Arora a/w Mr.Shreyash Deshpande, for the Petitioner. Mr.A. Alaspurkar, AGP for the Respondents No. 1 & 2-State in WP/10112/2025.

Ms.Kavita N.Solunke, AGP for the Respondents No. 1 & 2-State in WP/10111/2025.

Ms. Reena A. Salunkhe, AGP for the Respondents No. 1 & 2-State in WP/10110/2025.

**** CORAM :

M.S.KARNIK AND N.R.BORKAR, JJ.

DATE :

28th JULY 2025 P.C. :

1.

Heard learned counsel for the parties.

2.

The possession of the secured asset was handed over to the petitioner in compliance of the order passed under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. It is alleged by the

Ingale 20-wp-10110-25.odt petitioner that the borrower trespassed in the property. The petitioner noticed that there has been a trespass when they had gone for the routine visit.

3.

In view of the law laid down in Kotak Mahindra Bank Ltd. & anr. Vs. State of Maharashtra and anr.1, the respondents to ensure that the possession of the secured asset has to be handed over to the petitioner within a period of 8 weeks from today. 4.

In-charge of the concerned police station to render all possible co-operation. The petitioner is willing to pay necessary police protection charges.

5.

The petition is disposed of.

6.

Liberty to apply in case this order is not complied with. (N.R.BORKAR, J.) (M.S.KARNIK, J.) Writ Petition No.6805 of 2023 decided on 30.06.2023